Case

Stared

Case name

We Walk: gathering more than 5 persons defying Head of NCPO order

Disorderly assembly Defying NCPO order 7/2014

Status of Accused

Issue a non-prosecution order

Offense / order

Defying NCPO order 7/2014

Summary

19 and 20 January 2018, People Go Network organized an activity called 'We Walk, walk for friendship'. The activity aimed to walk from Thammasrt University, Rangsit Campus to Khon Kaen Province within a month but was ordered to stop by police.

While a hundred people walked out of the university, 200 policemen stood in the front gate to stop them. Along the walk way there are many kind of intimidations and harrassment by government officials and later 8 participants were summoned to be charged under Head of NCPO order 3/2015 for gathering more than 5 persons.

Basic information

Background of accused

Mr. Lertsak Kumkongsak - coordinator of the Ecological and Cultural Study Group and Campaign for Public Policy on Mineral Resources (PPM)

For over 15 years, Lertsak has been a leading defender of the environment and the human rights of the traditional caretakers of the natural resources of Thailand. He is the founder and coordinator of the Ecological and Cultural Study Group and Campaign for Public Policy on Mineral Resources (PPM) and of the “People’s Anti-mining Network of Thailand” that brings together 14 threatened communities. He works in solidarity supporting other community struggles such as the Udon Thani Conservation Group and the Khon Rak Ban Kerd in North-eastern Thailand) and the Rak Ban Heang Group of Northern Thailand). His work also includes building and strengthening links between universities with rurally-based community rights defenders particularly supporting young human rights defenders.

In February 2015, Lertsak received the prestigious Komol Kimthong Foundation Award ‘Person of the Year’ for his work. Since the 2014 coup in Thailand Mr. Lertsak has been a courageous critic of the junta notably being one of the first to endorse a statement entitled, ‘No Reform under the Boot of the Military’ co-signed by 12 Northeastern-based NGO’s denouncing the regime in 2014. Lertsak has been an adviser and mentor to the ‘Dao Din’ student group who have been a target of repression by the Military because of their anti-coup and pro-democracy campaigns.

Dr. Anusorn Unno, Dean of Faculty of Sociology and Anthropology, Thammasat University and Coordinator of the Academic Network for Civil Rights (MPA)

Dr. Anusorn Aunno has been a core part of the civil society movement in Thailand for decades as an independent academic working closely with other network. He has continued with this work since taking on his current role of Dean at Thammasat in 2010. The network he founded and coordinates, Academic Network for Civil Rights (MPA) works in the interest of civil rights and freedoms. They have been vocal supporters of the struggles of other movements.

Most recently, January 30th 2017 as Coordinator of the MPA Dr. Anusorn Aunno along with 10 other prominent scholars lodged a petition signed by over 300 other academics and students demanding a review of the judicial process surround in the case of student leader “Pai”.

Mr. Nimit Tieudom -Director Aids ACCESS Foundation

Around 1985 Mr. Nimit graduated from the Faculty of Political Science, Ramkhamhaeng University. He was a socially aware and active as a volunteer working with farmers and rural communities. In the early 1990’s he was invited to work with the newly formed ACCESS Foundation on human rights and reducing stigma of people living with HIV/Aids. Mr. Nimit became a well-respected and passionate advocate for the rights and access to health care of people living with HIV/Aids and their families.

Mr. Nimit has represented Thailand in International forums on HIV/Aids and has served as the civil society representative on the National Health Insurance Committee. Mr. Nimit has a crucial role in the ongoing struggle by the movement “People Who Love Health Insurance Network” campaigning against the new Universal Health Care Act that proposes that people would be required to pay for health care.

Mr.Somchai Krajanseang- Coordinator at Aids ACCESS foundation

During his years as a student studying Architecture, Mr. Somchai volunteered with the Urban Community Development Foundation having the opportunity to work closely with many communities such as the Kloeng Toey and Rong Pun communities. When he graduated, he briefly worked in his field of study, architecture, but soon left to work with the Urban Community Development Foundation. For eight years, his key role in the Foundation was in the field of education and activities for the children. Mr. Somchai soon knew many people and families affected by HIV. At that time, there was no treatment and no access to any health insurance or support for care. Many had no choice but wait to die while their families did what they could. This experience ignited Mr. Somchai’s interest and led him to begin work with Aids Access Foundation.

For over 15 years, Mr. Somchai has worked with Aids Access on both HIV prevention and on access to the right to treatment for people living with HIV. He is a tireless advocate and coordinator of Access Foundation’s campaigns e.g. increasing understanding on HIV, sex education for youth, government pensions for the aged etc. Mr Somchai is the Bangkok Branch representative of the People’s Health Insurance Network.

Ms. Sangsiri Treemanka - People Who Love Health Insurance Network and Aids ACCESS Foundation

Ms. Sangsiri Treemanka began her activism as a young Thai student. She witnessed the stigma and discrimination her friends living with HIV experienced in society, including sometimes by health services. When she completed her studies, she began working with Aids ACCESS Foundation advocating for people’s right to live in society, free of stigma and with access to health care and treatment. This has included being a driving force in the struggle to have Thailand provide Universal Health Care, which was achieved in 2002; and the successful struggle to impose Compulsory Licensing on pharmaceutical companies for the production of affordable generic treatments. The People Who Love Health Insurance formed to resist any changes to the Universal Health Care Act which would reduce people’s rights and access to health care and to call for more government transparency.

Ms. Nutchnart Thanthong (Pi Mam) Chairwomen of the The Four Regions Slum Network (FRSN)

For almost 30 years Ms. Nutchnart has worked for the right to shelter and housing for those living with poverty after she herself was affected by forced eviction when landlords wanting to sell the properties to developers. She organized her community to resist these evictions and this was the beginning of the movement now known as 4 Slum Network and comprised of thousands of members.

She has been a strong advocate against poverty, stigma and injustice. She is a vital force in bringing together many different sectors of society. In 2016 her support for the right of students to freedom of expression during the referendum for the 2017 Constitution resulted in her being ordered to appear at the Police Station for interrogation under the NCPO Order 3/2558 along with other members of her network. She was released without charge.

In 2017 Ms. Nutchnart Thanthong (Pi Mam) was recognized nationally for her work as a Woman Human Rights Defender in the publication ‘Side by Side WHRDS Diary 2018.

Mr. Jumnong Nuphan -The Four Regions Slum Network (FRSN)

Mr. Jumnong Nuphan joined the civil society movement in 1988, elected as Union representative in the factory he worked for. He held the position for 10 years. When his wife’s community was facing forced eviction, Mr Jumnong joined with the 4 Slum Network to address lack of adequate shelter and housing for the poor. He was one of the coordinators and still is a vital member who is consulted for advice on many issues and shares his experience including working with government departments such as the Ministry of Social Development and Human Security.

Mr. Jumnong is passionate about ending poverty, and promoting equality in society.

Mr. Ubon Yuwa-Sustainable Agriculture Network

Mr. Ubon Yuwa is has been working on issues of community use of land, rights and farming since the mid-1980’s. He worked for International and Thai organizations and networks for a further 6 years before joining with Mr. Chulachakarn to found the Sustainable Agriculture Network in 1993. Mr Yuwa is a much valued and respected expert and regularly publishes papers on environmental and land issues. He has been a core resource person for farmers and the Sustainable Agriculture Network in their struggles against unhealthy policy such as rejecting the introduction of GMO crops, use of chemicals etc.

Mr. Ubon Yuwa was one of the participants from 109 organizations who gathered in December 2017 at the Faculty of Political Science, Chulalongkorn University to discuss the Constitution. At the time of this case, he is a full-time farmer who lives in Ubon Ratchathani.

Complainant / Plaintiff

Lt. Gen. Phusit Klaihiran, Commander of the 4th Anti-Aircraft Artillery Division of the 2nd Field Artillery Regiment, had received an order from his superior to file charges to police.

Legal Claims

Disorderly assembly, Others (Political gathering up to 5 persons)

Form of restriction on freedom

Charge filed, Threats by police / military, Summons
Type of media

Public Assembly
Province

Pathumthani

Details of offence according to charge

According to the police record, on 18 January 2018, an organizer of the “We Walk for Friendship” march notified the Khlong Luang police chief of the upcoming activity that would take place in the next two days. On the following day, security officers, military forces, and investigators from Khlong Luang Police Station launched a joint investigation to monitor the assembly closely. The investigation report also found 1) T-shirts with the political message “Each of Your Signatures Counts, Help Disarm the NCPO” were sold to participants of the march. The organizers reportedly set up a table to showcase the t-shirts and encouraged the participants to buy them. 2.) the organizers reportedly invited the participants to sign their names on a piece of paper with the message “Sign your name to revoke the NCPO-issued announcements and orders.”

The officials claimed that such activities did not qualify as a “public assembly” as defined in the Public Assembly Act B.E. 2558. They argued that it rather fell under the definition of “political gathering” which was banned under the National Council of Peace and Order (NCPO)’s Order No. 3/2558. The Khlong Luang Police chief thus had no authority over this case because he was only in charge of managing public assemblies.

Moreover, the officials accused eight leading activists organized the “We Walk for Friendship” activity, as well as approximately 150 other participants, of being involved in an illegal gathering on 20 January 2018 from 8:00 am to 5:00 pm. During this time period, the eight activists allegedly took turns to deliver speeches and took up different roles in organizing the demonstration. The police report also indicates that all their speeches featured political critiques against the government’s activities, such as encroaching private lands and abusing their power in favor of powerful corporations.

Circumstance of arrest

31 January 2018, all 8 accused went to report at Klong Luang Police Station accordind to the summon warrant. The police informed the accusations and released them withour detention. There was no arrest in this case.

Progress of case

20 January 2018

Thai Lawyer for Human Rights (TLHR) reported that at 7:00 am, the “We Walk for Friendship” participants started gathering in front of Puey Ungpakorn School of Development Studies in Thammasat University’s Rangsit Campus. Plainclothes officers infiltrated the crowd and monitored the activity closely by constantly taking photos and videos. At the same time, more than 100 uniformed police officers were also forming a task force at the front gate of the campus and setting up a security checkpoint near Phaholyothin Road.

At 8:10 am, more than 100 participants from various civil society networks began to gather to get ready for the march despite the spreading rumor that the police would stop the activity. At 8:30 am, it was reported that the police officials had held Mr. Anusorn Unno, a representative from the Thai Academic Network for Civil Rights, from joining the other participants. The authorities warned Mr. Anusorn that he was about to be involved in an illegal activity that violated the Head of NCPO’s Order No. 3/2558. Approximately 10 minutes after, they released him, allowing him to join the other participants to read a statement.

At 9:00 a.m., representatives from civil society networks together delivered the “People Go Network Forum’s Public Statement: Friendship Walk 2018” and then began the march. At 9:30 am, people reached a university gate on Phaholyothin Road and confronted more than 200 police officers putting up a fence and forming a human wall to block them from leaving the campus. Using amplifiers, the authorities publicly declared that the organizing should negotiate with the police commander while pointing out that the “We Walk for Friendship” activity would constitute a violation of the Head of NCPO Order No. 3/2015 that prohibitted political gatherings. They demanded that the participants not continue the demonstration and beyond the university’s area because it would disrupt the public order that “had been smooth and peaceful for a while”.

At 9:40 a.m., Pol.Lt.Col. Surapong Thanomjit, chief of Pathum Tani police, met with the representatives from “We Walk for Friendship” organizers. The police chief raised his concerns over the safety of the participants, claiming that “malicious third parties” might be infiltrating the protest. He suggested that the organizers should wait to negotiate with “security officers” or the military before proceed.

Following the suggestion, the participants stopped the “We Walk for Friendship” march and waited for the negotiation around the footpaths in front of the university. The representatives from civil society networks took turns to deliver speeches on different topics and sing songs. At the same time, the police were handing out water bottles to the participants and playing them the military-composed song titled “Return Happiness to the People” while they continued to block the university gate.

At 1:30 pm, the participants were still waiting at the same spot, insisting that they would remain there until the authorities allowed them to continue the march. No security officers showed up for negotiation as promised earlier by the police.

Meanwhile, the police were mobilizing more 100 officers from the Ayutthaya Provincial Police Division to support them. They also reinforced the fences that they had set up earlier by installing a second layer and put up tents on each side of the campus.

At 4 pm, the person who was giving a speech in front of the university announced that 12 participants had started to march out of Thammasat University’s Rangsit Campus. Reportedly, they have divided into 3 groups of four individuals. Plainclothes officers on pickup trucks and motorcycles were closely following them and taking photos during the walk. However, there was no report of arrest or attempt to stop at this point.

According to the plan, the walkin team would stay a night at Wat Lat Sai in Ayutthaya Province. However, it was reported that police and military officers met with some of the monks at the temple to pressure them to call off hosting the participants. However, after the organizers had negotiated with the abbot, they were permitted to stay the night at the temple.

21 January 2018

At 4:00 am, an unknown person entered the temple while the “We Walk” participants were sleeping and loudly shouted, asking where the organizers are and demanding to have a talk with them. However, nobody responded.

In the early morning of the same day, around 6:00 am, approximately 200 police officers raided into the temple and lined up to search every car leaving the temple. They took photos of every participants’ faces, of their identification cards, and of all the license plates. Police searched the last car for a long time thoroughly because it was carrying a lot of stuff. Pol.Maj.Gen. Sommai Prasit, chief of Ayutthaya Provincial Police Division, led the search operation. The process took even longer because the police demanded the participants to bring all the belongings out of their cars and open all boxes by themselves.

Subsequently, the police ordered four members of the welfare staff including Wasini Boontee, Nitikorn Kumchoo, Arkom Sributta, and Non (Pseudonym), to go to the Tambon Lam Sai Administrative Office for further inquiries regarding what they found in the last car. The police justified their process of search and seizure by arguing that the operation was carried out under the military’s authorization and thus required no court warrant. They also claimed that they merely ordered the four staffs to go to the government office to be interrodated as witnesses. Since the four individuals were not being arrested as suspects, they supposedly had no right to access to lawyer. The police used this justification to bar the lawyer who was accompanying the four individuals from observing the police investigation at the police station.

22 January 2018

Mr. Nimitr Tian-Udom, a representative from the People Go Network, and Mr. Surachai Trong-Ngam, a lawyer from EnLaw Foundation, filed a complaint against the government authorities to the Administrative Court, accusing them of threatening thier freedom of assembly. The lawsuit requested the Court to order the police to stop interfering with the demonstration and to provide the participants with temporary protection. The Court denied the request to have emergency inquiry within that day, claiming that the plaintiff lacked of sufficient evidence and it needed to hear from the defendants, i.e. the police officers.

23 January 2018

BBCThai reported that Lt.Gen. Phusit Klaihiran, Commander of the 4th Anti-Aircraft Artillery Division of the 2nd Field Artillery Regiment, had received an order from his superior to file charges against 8 leading organizers of the “We Walk for Friendship” activity who are also members of the People Go Network group. He accused them of violating Article 12 of the Head of NCPO Order No.3/2015 which prohibits any political gathering of 5 or more persons. These 8 individuals included Mr. Lertsak Kumkongsak, Mr. Nimit Tieudom, Ms. Nutchanart Thanthong, Mr. Jumnong Nupan, Mr. Somchai Grajanseang, Ms. Sangsiri Teemanka, Mr. Anusorn Aunno, and Mr. Ubon Yuwa.

26 January 2018

The Administrative Court held a hearing upon the “We Walk for Friendship” representatives’ request for a temporary protection of the activity so that they could continue the demonstration. All the police officers representing the defendants similarly gave testimony that show the activity neither instigated public unrest nor encouraged the use of arms. Furthermore, it did not impact the lives of ordinary citizens and thus did not breach the Public Assembly Act B.E. 2558.

However, they said that the activity might be interpreted as a violation of Article 12 of the Head of NCPO Order No. 3/2015 which prohibits any political gathering of 5 or more persons. To elaborate this point, they referred to the activities on 19 January 2018 in Thammasat University when the organizers led a public campaign to gather signatures to propose the bill and a sale of T-shirts with an anti-NCPO symbol. While undertaking the activity, the defendants from police unit were constantly consulting with security and military officers.

27 January 2018

At 1:30 am, in the early morning of 27 January 2018, the Administrative Court sent a fax to both the plaintiffs and the defendants to inform them that the Court has granted the “We Walk for Friendship” activity an injunction, ordering the police officers to act in accordance with the Public Assembly Act B.E. 2558, to stop obstructing the march, and to help provide safety for the participants.

31 January 2018

The police summoned the 8 suspects who allegedly organized the “We Walk for Friendship” activity to Khlong Luang Police Station to acknowledge their charge of violating Article 12 of the Head of NCPO Order No. 3/2015 by gathering politically with more than 5 persons.

At around 11:00 am, the Thai Academic Network for Civil Rights (TANC) and 30 other individuals marched for 4 kilometers, starting from Puey Ungpakorn School of Development Studies in Thammasat University’s Rangsit Campus to Khlong Luang Police Station, to give the 8 suspects moral support. While they were on their way, plainclothe police officers followed them and took some photos. More than 20 officers even joined the march while other uniformed officers in police cars helped facilitate the traffic flow.

More than 300 people were present in front of Khlong Luang Police Station to give the eight suspects moral support. The eight suspects had to report to the police and be informed of their charge at approximately 1:00 pm. After they had been informed of their charge and got their fingerprints collected, they told the officials that they would not be giving their testimony on that day and instead will be submitting them in a written form later. After they finished the process of acknowledging their charge, they were released without bail. Inquiry officers scheduled them to report back on 26 February 2018 so that they can be transferred to a public prosecutor office.

26 February 2018

The inquiry officers informed the 8 suspects and their lawyers that they must report to the Thanyaburi Provincial Court's Office of Public Prosecutor in Pathum Thani Province at 13:00 pm. The 8 turned up on time along with their lawyers and around 100 people who were there to give them moral support. Representatives from the Embassies of Canada, Sweden, Netherlands, and Denmark as well as the European Union Delegation, were also present to observe the hearing.

When the eight suspects reported to the Public Prosecutor’s Office, an officer handed them a document to sign and informed them that they may go home today. The officer told them that the public prosecutor just received the case file from the police on that day and thus did not have time to review and determine whether to indict them. The hearing of the decision on their indictment was postponed to 2 March 2018.

The suspects attempted to ask the officer if it were possible to put off the hearing to a later date since it is an immediate appointment making it inconvenient for many of them to travel, especially those who live outside Bangkok, to come to the Public Prosecutor’s Office. They also complained that they had just traveled there and would have to return again in just a few days. They asked the officer if it were possible to authorize a representative to report to the Office to hear the public prosecutor’s decision for them. However, the officer denied their request, claiming that all the suspects must be present.

Then the public prosecutor who was responsible for the case came to meet with the eight suspects himself to explain that the office just received the report from the police on that day. He was only aware that the police had pressed charges against the eight suspects but he had not had enough time to review their report thoroughly. As for the meeting date on 2 March 2018, the public prosecutor asked that all of the 8 eight suspects come on schedule. However, he also expressed uncertainty, saying that he was not sure whether he would be able to deliver the decision whether to indict them on that date or not. If not, he would inform them of any postponement that may happen, and if the hearing was postponed again, he would allow them to appoint a representative to hear the decision.

2 March 2018

The eight suspects reported to the Thanyaburi Provincial Court's Office of Public Prosecutor in Pathum Thani Province. An officer told them that the hearing would be postponed to 29 March 2018.

29 March 2018

The eight suspects reported to the Thanyaburi Provincial Court's Office of Public Prosecutor in Pathum Thani Province. An officer told them that the hearing would be postponed to 1 May 2018.

1 May 2018

The eight suspects reported to the Thanyaburi Provincial Court's Office of Public Prosecutor in Pathum Thani Province. An officer told them that the hearing will be postponed to 5 June 2018. The eight, along with the People Go Network, used the area of the Public Prosecutor’s Office to organize a discussion and issue a public statement declaring that they did not accept the NCPO’s “20-year national strategy.”

5 June 2018

The suspects of “We Walk for Friendship” activity reported to the Thanyaburi Provincial Court's Office of Public Prosecutor in Pathum Thani Province on schedule for the fourth time.

This time, only 5 of them came because the other 3 suspects were participating in a protest, calling for banning dangerous chemical substances, which was organized by the network of 369 organizations that supported banning dangerous farm chemicals. Therefore, the 3 suspects appointed the lawyer as their representative to report to the Public Prosecutor’s Office on their behalf.

An officer informed them that the hearing would be postponed again since the comsideration had still not been finalized. They re-scheduled the hearing for the 5th time to 3 July 2018 at 10:30 am.

7 August 2018

The eight suspects authorized their lawyer to attend the hearing on their behalf. Instead of being present at the Public Prosecutor’s Office. All of them and other mor than 100 people marched together from the front gate of the Government Complex on Chaengwattana Road to hand over a letter to the Office of the Ombudsman of Thailand and asked to forward it to the Constitutional Court of Thailand. The letter requested the Court to rule on whether the Head of NCPO Order No. 3/2558 is unconstitutional or violates basic human rights that Thai citizens are entitled to.

Later, the lawyer informed the eight suspects that the Director-General from the prosecutor office who responsible for the case, and officials from the Provincial Police Region 1 all agreed not to indict them. The case was thereby terminated.

The public prosecutors decided not to prosecute the eight suspects reportedly because their demonstration was a peaceful and unarmed activity that did not affect national security, public safety, peace, order, or good moral of the people. This type of demonstration is entitled to protection under the 2017 Constitution. Moreover, the first suspect had already notified the government authorities of the demonstration before it took place. The prosecutor also indicated that the demonstration had nothing to do with politics, so their activities cannot be considered guilty as accused by the government officials.

Attachment

คำพิพากษาศาลปกครอง ฉบับวันที่ 28 กันยายน 2561

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